[NOTICE: To facilitate your intervention of the urgent appeals issued by the AHRC, we have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of all the Indian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the authorities are attached below with this appeal. Thank you.]
Dear friends,
The Asian Human Rights Commission (AHRC) has received information from its local partner MASUM, a human rights organization in West Bengal, India, regarding the alleged constant torture by CPI (M) men and police of a man who has been opposing an illegal construction in his land for a long time. It is reported that due to the constant threats to his life, the victim was forced to quit his home and live a hidden life elsewhere.
CASE DETAILS:
Mr. Anwar Ali is a resident of G 97/A BattiKal 1st Lane, Gardenrich Police Station, Kolkata -24, West Bengal.
According to the information received, some anti-social elements at BattiKal 1st Lane, Garden Reach Police Station, Kolkata, associated with the Communist Party of India (Marxist) have been threatening Mr. Anwar with arms and demanding money from him for party funding since 2002. The CPI (M) activists have continuously made death threats against Anwar Ali and his parents because they oppose an illegal construction on their land. They managed to stop the illegal construction by lodging a complaint with the Chairman of Kolkata Municipal Corporation.
However, Mr. Nijamuddin, a promoter of the said construction project who had undertaken the said illegal construction made sure that no letter of objection would be received from the Chairman of Kolkata Municipal Corporation.
After this had happened, the CPI (M) activists forced Mr. Anwar’s parents to sign a blank paper and threatened them to leave the locality. At around 6:00pm on 2 November 2005, it is alleged that the CPI (M) activists beat up Mr. Anwar mercilessly when he stood against the illegal construction on his land.
It is allegedly reported that when the seriously injured Mr. Anwar went to lodge a complaint against the perpetrators at the Garden Reach Police Station, instead of registering his complaint, the Duty Officer of the Garden Reach Police Station arrested him with no legal basis. After this arbitrary arrest, Mr. Anwar was severely assaulted by the officers, beaten and shouted filthy words and compelled to sign a blank paper.
After the assault of the police, Mr. Anwar was admitted to the S. S. K. M. Hospital, Curzon Ward for 25 days with head injury and injuries (e.g. bruises, hematoma, lacerated wounds) all over his body. However, it is alleged that the victim was not treated properly at the hospital.
After he was discharged from the hospital, he learned that the police filed him a criminal case under the charge of committing violent acts with weapons without being received any provocative actions from others (Indian Penal Code, Section 324). Subsequently, he contacted to a lawyer and surrendered before Alipur Court and got bail. While he was taking actions to get bail, he was again threatened by the CPI(M) activists and was compelled to leave his home for his safety.
The victim had lodged complaint about the alleged arbitrary arrest and torture as well as the continuous threats by the CPI (M) members to various authorities, including the Garden Reach Police Station, Mr. Buddhdeb Bhattacharjee, the Chief Minister of West Bengal, chairman of West Bengal Human Rights Commission, Police Commissioner, Chief Secretary of the government of West Bengal.
However, no appropriate actions have been taken by the authorities, including the police, to investigate into the arbitrary arrest and torture and the threats against the victim, and no legal remedies have been awarded to the victim for the damages that he and his family have had to endure. On the contrary, it has been allegedly reported that the victim and his family have been living under great fear due to the continuous threats to their lives by the CPI members.
The AHRC condemns the arbitrary arrest and torture of the victim by the police, both acts that are clearly prohibited by the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT). We find it unacceptable that no official prosecutors have been assigned to date to look into the police officers who tortured the victim at the Garden Reach Police Station.
The AHRC further condemns the inaction of the authorities to alleviate the victim’s continuous sufferings sustained by the planning of illegal construction on his land. It is only right for the victim to be awarded some forms of legal remedy for the damage caused by the intimidation by CPI activists and the arbitrary arrest and torture by the police officers at the Garden Reach Police Station, Kolkata.
ADDITIONAL INFORMATION
AHRC has already issued several Urgent Appeals which illustrate the nexus between police and criminals in West Bengal. See the following cases for further information about similar cases: UA-120-2007, UA-116-2007, UA-099-2007. The West Bengal police force is enjoying complete impunity which shows that the State is not being ruled by the elected representatives of the State but by the police.
SUGGESTED ACTION:
Please write to the concerned authorities listed below and demand an impartial and thorough investigation into the case by an independent investigation agency. Please urge them to take action to arrest and prosecute the alleged perpetrators without further delay. Please also urge them to provide effective protection to the victim and his family members.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______,
INDIA: Constant alleged torture of a man by Communist Party of India (Marxist) activists and police
Name of victim: Mr. Anwar Ali, about 27 years old, residence of G97/A Battikal 1st Lane, Gardenrich Police Station, Kolkata 24, West Bengal
Alleged perpetrators:
1. Local gangs who allegedly are the members of the Communist Party of India (Marxist), including Harbelia Mmunna, Sankar Bangal, Nasim Panna, Tinku Rahis, Ahamed Lambu and Raju Damaluddin
2. Kalipada Biswas, Officer-In -Charge, Gardenrich Police Station, Kolkata, West Bengal
3. Animesh Das, Officer of Gardenrich Police Station, Kolkata, West Bengal
4. Mr. Md. Fajlur Haque, Officer of Gardenrich Police Station, Kolkata, West Bengal
5. Smt. Lakshi Chatterjee, Officer of Gardenrich Police Station, Kolkata, West Bengal
6. Mrs. S.N. Chatterjee, Police Officer
7. Mr. Pal, Assistant Sub Inspector
8. Mr. Nijamuddin, Local Promoter of the construction project
Place of Incident: G97/A Battikal 1st Lane, Gardenrich Police Station, Kolkata – 24, West Bengal
Date of Incident: Since 2002 to date
I am deeply concerned about the alleged constant torture by CPI (M) men and police of a man who has been opposing an illegal construction in his land for a long time. I have been informed that due to the constant threats to his life, the victim was forced to quit his home and live a hidden life elsewhere.
According to the information I have received some anti social elements at BattiKal 1st lane, Garden Reach Police Station, Kolkata, associated with Communist Party of India (Marxist) have been continuously threatening Mr. Anwar with arms and demanding money from him for party funding since 2002. Anwar Ali and his parents have been facing death threats by these men for opposing an illegal construction on their land.
I am also informed that Mr. Njamuddin, a promoter who had undertaken the said illegal construction successfully ensured that no letter of objectin be received from the Chairman of Kolkata Municipal Corporation. After this the said CPI (M) activists forced Mr Anwar’s parents to sign a blank paper and threatened them to leave the locality. I have also learned that the CPI (M) activists beat up Mr. Anwar mercilessly when he stood against illegal construction on his land on 2 November 2005.
I am also informed that when Mr. Anwar went to lodge a complaint at the Garden Reach Police Station, the Duty Officer of the Garden Reach police station arrested him instead of registering his complaint. Moreover, they severely tortured him and compelled him to sign a blank paper. After the incident Mr. Anwar got admitted at S.S.K.M. Hospital in Kolkata for 25 days, but it was reported that he was not treated properly.
After he was discharged from the hospital, he learned that the police filed him a criminal case under the charge of committing violent acts with weapons without being received any provocative actions from others (Indian Penal Code, Section 324). Subsequently, he contacted to a lawyer and surrendered before Alipur Court and got bail. While he was taking actions to get bail, he was again threatened by the CPI(M) activists and was compelled to leave his home for his safety.
Mr. Anwar was again threatened by the CPI (M) activists and felt forced to leave his home in order to save his life.
I am informed that even though the victim complained with different authorities, no action has been taken against the perpetrators to this day. I am also informed that due to the threats of the perpetrators, the victim is in hiding.
I believe that arbitrary arrest and torture should not be tolerated in any countries as these acts are clearly prohibited by the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT). It is unacceptable to see that no official prosecutions have been assigned to the police officers who tortured the victim at the Garden Reach Police Station to date.
Also inaction of the authorities in the face of the victim’s continuous sufferings, sustained by the planning of illegal construction on his land, is not tolerable. It is hardly acceptable for the victim to receive no legal remedies for the damage that he has endured because of the intimidation by the CPI activists and the arbitrary arrest and torture by the police officers at the Garden Reach Police Station, Kolkata.
In light of the above, I strongly urge you to order an immediate and impartial investigation into this matter. The investigation should be conducted by an independent agency, not by the local police, considering their apparent involvement in this case for the last five years. I also urge you to take strong steps to arrest and prosecute the alleged perpetrators so that they can be punished by law as soon as possible. Effective protection should also be provided to the victim and his family as well as his property.
I further request you to take disciplinary action against all the officers of the Garden Reach police station who have been involved in the violation of the victim’s rights for a long time.
Yours truly,
———————–
PLEASE SEND YOUR LETTERS TO:
1. Mr. Buddhadeb Bhattacharjee
Chief Minister
Government of West Bengal
Writers Buildings, Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480 / 2214 1341
Email: cm@writerscal.gov.in
2. Director General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
3. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Fax: +91 11 2334 0016
Email: chairnhrc@nic.in
4. Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22144328
5. Home Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in
6. Ms. Diane Orentlicher
Independent expert to update the set of Principles for the protection and promotion of human rights through action to combat impunity
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (Attn: INDEPENDENT EXPERT -COMBAT IMPUNITY)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
